Arrest, Search, Custody, and Use of Force CRJ105 Patrol Operations Chapter 12 – Part 2

720 ILCS 5/7-5 Peace Officer’s Use of Force (a) A peace officer (b) Any person whom a police officer has summoned or directed to assist him 1. Need not retreat or desist from efforts to make a lawful arrest because of resistance or threatened resistance to the arrest 2. He is justified in the use of any force he reasonably believes to be necessary to effect the arrest 3. Any force which he reasonably believes to be necessary to defend himself or another from bodily harm while making the arrest. believes to be necessary to defend himself or another from bodily harm while making the arrest.

Force Likely to Cause Death or Great Bodily Harm 1. A peace officer is justified only when he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or another person 2. Such force is necessary to prevent the arrest from being defeated by resistance or escape AND (a) The person to be arrested has committed or attempted a forcible felony which involves the infliction or threatened infliction of great bodily harm (b) Is attempting to escape by use of a deadly weapon (c) Indicates that he will endanger human life or inflict great bodily harm unless arrested without delay.

720 ILCS 5/7-8 Force Likely to Cause Death or Great Bodily Harm (1) The firing of a firearm in the direction of the person to be arrested even though no intent exists to kill or inflict great bodily harm (2) The firing of a firearm at a vehicle in which the person to be arrested is riding NOTE: A peace officer’s discharge of a firearm using ammunition designed to disable or control an individual without creating the likelihood of death or great bodily harm shall not be considered force likely to cause death or great bodily harm.

720 ILCS 5/7-1 Use of Force in Defense of Person 1. A person is justified in the use of force against another when: (a) He reasonably believes that such conduct is necessary to defend himself or another against such other’s use of unlawful force. 2. A person is justified in the use of force which is intended or likely to cause death or great bodily harm ONLY (a) If he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or another, or the commission of a forcible felony. (a) If he reasonably believes that such force is necessary to prevent death or great bodily harm to himself or another, or the commission of a forcible felony.

720 ILCS 5/7-2 Use of Force in Defense of Dwelling 1. A person is justified in the use of force against another when: (a) He reasonably believes that such conduct is necessary to prevent or terminate such other’s unlawful entry into or attack upon a dwelling. 2. He is justified in the use of force intended or likely to cause death or great bodily harm ONLY if: (a) Entry is made or attempted in a violent manner and he reasonably believes that such force is necessary to prevent an assault upon, or offer of personal vilence to, him or another then in the dwelling. OR (b) He reasonably believes that such force is necessary to prevent the commission of a felony in the dwelling.

720 ILCS 5/6-3 Intoxicated or Drugged Condition A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless? A person who is in an intoxicated or drugged condition is criminally responsible for conduct unless? What does the class think? What does the class think?